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Hearings Officer Packet - 05/29/1986 - Pacific Frontier 1640 HEARING OFFICER DECISION 5/86 Pacific Frontier. Wood Markets/ 117 Robert Randall Co. 4111 CU 1-86, SL 5-86, M 1-86 • CITY OF TIG4RD Washingt'on County , Oregon NOTICE OF FINAL ORDER - BY HEARINGS OF?ICER 1. Concerning Cabe Number(s) : CU 1-86, SL 5-8b, and M 1-8b 2. Name of Owner: Pacific Frontier Wood Markets/Robert Randall Co. 3. Name of Applicant: Same Address 9500 SW Barbur Blvd. S 300 City Portland State OR Zip 97219 4 . Location of Property: Address 8850, 3360, 8870, 8890, 8900, and 8930 SW Burnham Legal Description 2S1 2AD lots 2200, 3000; 2SI 2DB lot 2000 5 . Nature of Application: Fur a Conditional Use and Sensitive Lands Permit to allow the expansion of a mini-warehouse that will partially be within the 100 year flood plain Also, to adjust a 6,534 sq. ft . parcel owned by the City of Tigard and 773I acre parcel owned by the applicant , into two parcels of 2,214 sq. ft. 5 5.61 acres on 6 . Action: Approval as requested property zoned CBD (Central Busine 0 XX Approval with conditions District . ) Denial 7 . Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 8 Final Decision: THE DECISION SHALL BE FINAL ON May 29, 1986 _ UNLESS AN APPEAL 1FILED The adopted findings ot fact, decision, and statement of condition can be obtained from the Planning Department , Tigard City Hall, 1312', SW Hall Blvd. , P.O Box 23397 , Tigard , Oregon 97223 . 9 . Appeal: Any party to the decision may appeal thio dekision in accordance with IA. 32 . 290(A) and Section 18 32 . iI0 why h vi ta that a written app a l may be filed within 10 days after notirs' 1 ', �' .lent Th.• ilead l i ne for tiling of an appeal is 2: i0 M , 10 Questions : If you have any questions, please call the City ot Tigard Planning Department 639.4171 . BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION) FOR A CONDITIONAL USE PERMIT, A ) No. SENSITIVE LANDS PERMIT, AND A ) LOT LINE ADJUSTMENT TO EXPAND AN) CU 1-86; SL 5-86; M 1-86 EXISTING MINI-WAREHOUSE PARTIAL-) LY WITHIN THE 100-YEAR FLOOD PLAIN OF FANNO CREEK; Pacific ) Frontier Wood Markets, applicant) The above-entitled matters came before the Hearings Officer at the regularly scheduled meeting of April 24 , 1986, at the Tigard School District Offices Conference Room, in Tigard, Orego,: . and The applicant requests a conditional use permit, a sensitive: lands permit and a lot line adjustment to expand an existing mini -warehouse project partially within the 100 year flood plan of Fanno Creek and to adjust a 3. 15 acre parcel owned by the City of Tigard and a 5. 51 acre parcel owned by the applicant into two parcels of 2. 99 and 5. 67 acres , property located ,at 8850, 8860, 8870, 8890, 8900 , 8930 SW Burnham, property more specifically described as Tax Lots 2200 and 3000, Map 2S1-2AD and Tax Lot 2000, Map 2SI - 2Dh , City of 'I'ioard , County of Washttt,it.on , State of Oregon; and The Hearings Officer conducted a public hearing on Apt it I , 1986 at which tiwo tv- t imott , , evidence and the I'lannino repot t .•,leut Staff Itopoi t %vet •, And The Hearings Office! Adopts Lira I tndinos of fact, and con- clusions contained in the Staff Report , a copy of which is aitacheC hjt,1tL' 1 - CU 1 -86; SI, I -t - t,. hereto marked "Exhibit A" and incorporated by reference herein; The Hearings Officer further finds that while objections were raised to the project that it violated the code requirements the Hearings Officer finds that by limiting the uses to mini- storage uses, that the development will be consistent with those uses allowed in commercial industrial zones, together with the earlier conditional uses which were approved on the subject pro- perty. NOW THEREFORE IT IS HEREBY ORDERED that CU 1-86, SL 5-86 , and M 1-86 be and hereby are approved subject to the following conditions : 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING OR FILL PERMITS . 2. Standard half-street improvements including sidewalks , curbs, streetlights , driveway aprons , storm drainage and utilities shall be installed along the SW Burnham Street frontage. Said improvements along SW Burnham Street shall be build to City Major Collector Street standards and conform tc the aliunment of existino improvements. 3. Five ( 5) Bets of plan-profile public improvement con- ( struetion plans and one ( 1 ) itemized construction cost estimate . stamped by a Registered Professional Civil Engineer , detail ind ,t ; proposed pt,l,Ii,• improvements shall be submitted te the Encsineet to Sect i en t r Approval . The bicyci.. 'pedest r t it: t ra t i a lona Pantie Cree t.ncluded with these plent4 . 4 . Construction of proposed public t- )t 0Ttit 411,1I 1 not rOtn+.,, tIC.. until after the Engineering irp oved 1..t,10 2 .- C'I l -tit,; tiL `+-Hh; M 1 -Hf public improvement plans. The Division will require postiny of a 100% Performance Bond, tie payment of d permit fe? and a street- s light fee. Also, the execution of a street ope ninq permit or construction compliance agreement shall occur prior to, or concur- rently with the issuance of approved public improven;.,:nt plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES , BONDING, AND AGREEMENTS. 5. An as-built drawing of all grading shall be submitted upon completion of work within the floodplain. 6. The public improvement plans shall detail yradinq and soil stabilization improvements for work proposed within the floodplain. 7 . No work shall occur within the floodplain from October 1st through April 30th unless specifically authorized , in writing, by the City Engineer. 8 . All new uses established on the property shall conform with Community Development Code requirements and restrictions. 9. The applicant shall submit a modified site plan for Planning Director approval which provides sufficient land to enable the construction of a trail on the north side of F'anno Creek as noted in condition l ahn' e. 10. A landse,tping plan for the area to be developed shall be submitted for r Lanni net Director approval , wh t •I pin sha l 1 buf t t the developed area ! tool the Panne crook rd , _ 1 1 . The applicant Ara a t i; the !! , ! U.S . Army Corp of Vntt,inems rind tit(' Di .i :, t t. ;t Si tn.it I - C't I •ttt , � , .,fit, ; N l - 1'0. I , 12. The area below the resulting 100 year floodplain shall be dedicated as greenway to the City of Tigard. A £nonumented boundary survey showing all new title lines shall be prepared by a professional land surveyor and submitted to the Engineering Division for review and approval. 13. The new legal description for Tax Lots 2200 and 3000 shall be prepared for Engineering Division review and approval PRIOR to recording the lot line adjustment with Washington County. 14. A City Business Tax shall be paid by any business operating on the subject property. 15. Section 18. 114. 100 of the Code requires that all tempo- rary signs have valid temporary permits obtainable from the City. The applicant shall notify all tenants of this requirement so that tenants are in compliance with the Code. 16. The Decision is valid if exercised within one year of the final approval date.. 17. There shall be no parking between the end of the existing building and the edge of the property on the Fanno Creek side, except for the loading and unloading of goods and materials into the mini-warehouse units. Thee shall be Absolutely no pa, kin,, in those areas for other business uses and the pavement shall be marked accordingly. /. DATED this • /!. day of May , 1986. HEARINGS. OFh ICER APP pov9t - �i / / � '�/. / �C - /'BETH MASON i // Pane 4 - CU 1-86; SI, 5-86; M 1-86